What is a breach of contract claim?

A breach of contract claim is a legal action alleging that one party to a contract failed to uphold their end of the agreement. This can happen when someone agrees to deliver goods or services but fails to do so. In Arkansas, a breach of contract claim is usually based on one of two things: either a material breach of the contract, or a breach of an implied covenant of good faith and fair dealing. A material breach of contract occurs when one party fails to complete a substantial element of the agreement. This means the other party is no longer able to benefit from the agreement in the way they expected. An implied covenant of good faith and fair dealing is a concept that implies that the parties must act honestly and fairly when performing their obligations under the contract. This covenant can be implied even in situations where it is not expressly written into the contract. In order to prove a breach of contract claim, the party filing the claim must provide evidence of the breach and how it has affected them. This means they must show that the other party failed to uphold their end of the agreement and that this failure resulted in damages or harm to them. Damages can include money lost or property damaged due to the breach, or they can include losses that are harder to measure such as emotional distress or lost opportunity. If a court rules that the contract was breached, then the party who breached it may be liable to pay damages to the other party. Damages are typically awarded to put the non-breaching party in the position they would have been in had the breach never occurred. Additionally, the courts may award punitive damages if they determine that the breach was especially egregious.

Related FAQs

What is an act of God exclusion?
What is an insurance adjuster’s duty?
What is an assignment of rights?
How do I know if my insurance claim has been accepted?
How do I dispute an insurance claim decision?
What is an insurer's duty of good faith?
What is required for an insurance company to act in good faith?
What is a policy limit?
What evidence is needed to prove an insurance claim?
How do I file an insurance claim?

Related Blog Posts

Navigating the Claims Process: A Guide to Insurance Claims Law - July 31, 2023
A Beginners Guide to Understanding Your Rights Under Insurance Claims Law - August 7, 2023
Tips for Filing an Insurance Claim and What You Need to Know About Insurance Claims Law - August 14, 2023
Common Mistakes to Avoid When Submitting an Insurance Claims Law Claim - August 21, 2023
Appealing an Insurance Claim Denial? Learn What Your Rights Are Under Insurance Claims Law - August 28, 2023